DISSENTING OPINION OF JUDGE DEDOV

I have already expressed my dissenting opinion in the Mozer case ( Mozer v. the Republic of Moldova and Russia [GC], no. 11138/10, ECHR 2016) on the issue of the Russian Federation ’ s effective control over Transdniestria and on the legal tradition as regards the lawfulness of interference with the right to liberty in the form of detention. I take the same view in the present case. In paragraph 49 of the judgment the Court concludes that it has found no element to be considered as a legal basis for interfering with the applicants ’ property rights. This conclusion has far-reaching consequences. The Court has not merely limited itself to the fact that the independence of Transdniestria has not been recognised by the international community. In the present case the Court has aggravated the situation even further: the Court does not recognise the existence of the Transdniestrian legal system as a whole. This allows the Court to find a violation of the Convention by the Russian Federation automatically, without any legal analysis. It is difficult to imagine a more uncompromising reaction to the self-determination process. Such an approach creates the impression that there is a fundamental defect in the Court ’ s position in such cases.